Privacy Act (Can.) (Re)
- Citation
- 2001 SCC 89
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 7 December 2001
- Posture
- Appeal to the Supreme Court of Canada From the Federal Court of Appeal Concerning the Lawfulness of Disclosure Under the Privacy Act and Customs Act / Final Appeal — Judgment on Merits (appeal Dismissed)
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 7 December 2001
- Posture
- Appeal to the Supreme Court of Canada From the Federal Court of Appeal Concerning the Lawfulness of Disclosure Under the Privacy Act and Customs Act / Final Appeal — Judgment on Merits (appeal Dismissed)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Supreme Court upheld the Federal Court of Appeal: the disclosure of customs traveller information to the Canada Employment Insurance Commission under the memorandum of understanding and the data‑capture program was authorized by the Privacy Act s.8 and by the Customs Act s.108(1), and therefore was lawful; the appeal was dismissed.
Court disposition
Appeal dismissed.
Orders
- Appeal dismissed.
02
Material facts
Parties
Privacy Commissioner of Canada
Appellant Counsel: Brian A. Crane Q.C.; Ritu GambhirThe Attorney General of Canada
Respondent Counsel: Brian J. Saunders; Anne M. Turley03
Procedural history
Posture
Appeal to the Supreme Court of Canada From the Federal Court of Appeal Concerning the Lawfulness of Disclosure Under the Privacy Act and Customs Act / Final Appeal — Judgment on Merits (appeal Dismissed)
04
Questions and positions
Legal issues
- 01
Whether Revenue Canada (Customs) lawfully disclosed customs traveller information to the Canada Employment Insurance Commission under the Privacy Act s.8
- 02
Whether the Customs Act s.108(1) authorized disclosure of customs information to the EI Commission pursuant to a memorandum of understanding
- 03
Whether the data‑capture/release program identifying EI recipients abroad violated the Privacy Act
Party arguments
- Applicant
- The Privacy Commissioner argued that the disclosure of personal customs information to the Canada Employment Insurance Commission pursuant to the memorandum of understanding and the data‑capture program violated the Privacy Act and was not authorized by statute.
- Respondent
- The Attorney General argued that the disclosures were authorized by the Privacy Act (s.8) and by the Customs Act (s.108(1)), and that the memorandum of understanding implemented lawful information sharing for the purpose of detecting employment insurance disentitlement.
05
Court’s reasoning
Legal principles
- 01
Privacy Act, R.S.C. 1985, c. P-21, s. 8
A disclosure of personal information by a government institution is lawful where it is authorized by statute; statutory authorization governs the legality of data sharing.
- 02
Customs Act, R.S.C. 1985, c. 1 (2nd Supp.), s. 108(1)
The Customs Act authorizes the release of customs information in specified circumstances; such statutory provisions can permit disclosure to other government bodies for defined purposes.
06
Ratio, limits and disposition
Ratio decidendi
The Supreme Court upheld the Federal Court of Appeal: the disclosure of customs traveller information to the Canada Employment Insurance Commission under the memorandum of understanding and the data‑capture program was authorized by the Privacy Act s.8 and by the Customs Act s.108(1), and therefore was lawful; the appeal was dismissed.
Obiter and limits
- The Court adopted and relied on the reasoning of Décary J.A. for the Federal Court of Appeal as dispositive.
- No additional remedy was warranted and there was no need for further consideration of ancillary arguments once statutory authorization was established.
Court disposition
Appeal dismissed.
- Appeal dismissed.
Source and reliance status
Supreme Court of Canada · 7 December 2001
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 7 December 2001
Privacy Act (Can.) (Re) Collection Supreme Court Judgments Date 2001-12-07 Neutral citation 2001 SCC 89 Report [2001] 3 SCR 905 Case number 27846 Judges McLachlin, Beverley; L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Iacobucci, Frank; Major, John C.; Bastarache, Michel; Binnie, William Ian Corneil; Arbour, Louise; LeBel, Louis On appeal from Federal Court of Appeal Subjects Access to information Customs and excise Labour law Notes SCC Case Information: 27846 Decision Content Privacy Act (Can.) (Re.), [2001] 3 S.C.R. 905, 2001 SCC 89 The Privacy Commissioner of Canada Appellant v. The Attorney General of Canada Respondent Indexed as: Privacy Act (Can.) (Re) Neutral citation: 2001 SCC 89. File No.: 27846. 2001: November 7; 2001: December 7. Present: McLachlin C.J. and L’Heureux‑Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ. on appeal from the federal court of appeal Privacy -- Disclosure of personal information -- Revenue Canada (Customs) disclosing information to Canada Employment Insurance Commission pursuant to memorandum of understanding for data capture and release of customs information on travellers -‑ Program aimed at identifying those receiving employment insurance benefits while out of Canada -- Disclosure of information authorized by Privacy Act and Customs Act -- Privacy Act, R.S.C. 1985, c. P‑21, s. 8 -- Customs Act, R.S.C. 1985,
c. 1 (2nd Supp .), s. 108(1) . Customs and Excise -- Disclosure of information -- Revenue Canada (Customs) disclosing information to Canada Employment Insurance Commission pursuant to memorandum of understanding for data capture and release of customs information on travellers -- Program aimed at identifying those receiving employment insurance benefits while out of Canada -- Disclosure of information authorized by Privacy Act and Customs Act -- Privacy Act, R.S.C. 1985, c. P‑21, s. 8 -- Customs Act, R.S.C. 1985, c. 1 (2nd Supp .), s. 108(1) . Employment insurance -- Disentitlement -- Persons outside Canada -- Revenue Canada (Customs) disclosing information to Canada Employment Insurance Commission pursuant to memorandum of understanding for data capture and release of customs information on travellers -- Program aimed at identifying those receiving employment insurance benefits while out of Canada -- Disclosure of information authorized by Privacy Act and Customs Act -- Privacy Act, R.S.C. 1985, c. P‑21, s. 8 -- Customs Act, R.S.C. 1985, c. 1 (2nd Supp .), s. 108(1) . APPEAL from a judgment of the Federal Court of Appeal, [2000] 3 F.C. 82, 251 N.R. 379 (sub nom. Privacy Commissioner v. Canada (Attorney General)), [2000] F.C.J. No. 179 (QL), setting aside an opinion of a motions judge, [1999] 2 F.C. 543, 162 F.T.R. 245, [1999] F.C.J. No. 89 (QL). Appeal dismissed. Brian A. Crane, Q.C., and Ritu Gambhir, for the appellant. Brian J. Saunders and Anne M. Turley, for the respondent. The following is the judgment delivered by 1 The Court -- We are all of the view that the appeal should be dismissed substantially for the reasons of Décary J.A. for the Federal Court of Appeal, [2000] 3 F.C.
82. Appeal dismissed. Solicitors for the appellant: Gowling Lafleur Henderson, Ottawa. Solicitor for the respondent: The Attorney General of Canada, Ottawa.
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